Add to ORKGIt is the way of symposia that, after conveners assign topics for discussion, participants interpret those topics to cover subjects that interest themselves. I understand my assignment to be discussion of nonbankruptcy closure and settlement. The Judicial Conference Working Group on Mass Torts suggests possible approaches that might facilitate closure of mass tort claims by litigation or by settlement! This paper will explore two models prepared to illustrate the challenges that confront any approach to fair and efficient closure. The first model is the All-Encompassing Model, while the second is a draft of settlement-class provisions for Federal Rule of Civil Procedure 23. Before exploring the models, however, I will consider many of...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
This Article seeks to advance the use of mass tort class actions and proposes that they are not only...
This paper studies the effects of allocation rules on the stability of mass tort class actions. I an...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
The following essay is the pre-editing draft of the introduction to a paper delivered at a Mass Tort...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
The American Law Institute has recently undertaken an entirely new project - Principles of the Law o...
Mass torts create a unique scale of harm and liabilities. Corporate tortfeasors are desperate to se...
In the past decade, settlement class actions have become increasingly popular in mass tort litigatio...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
This Article seeks to advance the use of mass tort class actions and proposes that they are not only...
This paper studies the effects of allocation rules on the stability of mass tort class actions. I an...
It is the way of symposia that, after conveners assign topics for discussion, participants interpret...
The potential for attorneys to collude in reaching a settlement agreement arises in any large-scal...
The following essay is the pre-editing draft of the introduction to a paper delivered at a Mass Tort...
The American legal system has witnessed a gradual, almost surreptitious, movement toward collective...
In the courts and in the academy, the ostensible commitment of American tort law to individualized j...
The American Law Institute has recently undertaken an entirely new project - Principles of the Law o...
Mass torts create a unique scale of harm and liabilities. Corporate tortfeasors are desperate to se...
In the past decade, settlement class actions have become increasingly popular in mass tort litigatio...
Although it is destined for the personal jurisdiction canon, the Supreme Court’s eight-to-one decisi...
Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individua...
Commonality is a defining characteristic of mass-tort litigation. But mass-tort claimants typically ...
Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be...
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For ...
This Article seeks to advance the use of mass tort class actions and proposes that they are not only...
This paper studies the effects of allocation rules on the stability of mass tort class actions. I an...